ARPA Funds to Support Aging Services and Vaccine Mandates

Monday, October 18, marked the end of the third special session for the Texas Legislature. Governor Abbott included several items on the call that failed to be addressed in previous sessions. However, the focus was allocation of over $16 billion in American Rescue Plan Act funding to support COVID-19 response. 

SB 8 directs the Health and Human Services Commission to develop a staff recruitment and retention grant program available to various long-term care providers. $200 million shall be used for grants for nursing homes and $178 million shall be used for grants for assisted living, home health agencies and community attendants. The grant program will include a tracking and accountability system for the use of the funds, and prioritize providers based on COVID-19 federal funds received and completion of the SB 809 monthly COVID-19 reports. LeadingAge Texas will provide frequent updates as HHSC begins to develop the grant program. 

Governor Abbott’s EO-40 released on October 11th prohibits vaccine mandates subject to legislative action. With just a few days left in the session two bills were filed in each chamber prohibiting employer-directed vaccine mandates. Senate Bill 51 and House Bill 155 would have significantly limited a private employer’s right to create, adopt, and enforce a vaccine policy by allowing personal conscious exemptions. Both bills raised serious concerns related to pending federal vaccine requirements (OSHA and CMS) and put members at risk of discrimination claims and lawsuits. LeadingAge Texas vocally opposed both bills and testified against the bills in committee hearings last week. Both bills died. 

Abbott’s existing order states, “no entity in Texas can compel receipt of a COVID-19 vaccine by any individual, including an employee or a consumer, who objects to such vaccination for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19”. Health care entities including nursing homes, assisted living and CCRCs are already required to adhere to Chapter 224 of the Texas Health and Safety Code. The EO allows a $1,000 fine to be assessed to a business found in violation of the Executive Order. Once federal vaccine requirements are released, our LeadingAge Texas policy team and legal counsel will analyze the impact to members and make resources available to members as soon as possible. In the meantime, contact Alyse Meyer with any questions or concerns. 

LeadingAge Texas was at the forefront of advocacy on these issues. We appreciate every member that answered the call to contact their legislators in support of aging services providers and the older Texas you serve! 

Alyse Meyer
VP of Advocacy
LeadingAge Texas